Council will table animal control ordinance pending ‘adjustments’

Posted May 12, 2021 at 12:15 pm

Albany City Council turned out to have a busy 50 minute regular meeting last Tuesday, May 4, with several items discussed. All members were present for the meeting.

Albany Mayor Lyle Pierce opened the meeting by congratulating the South Central Athletics Varsity Kentucky for winning the Quest to Disney’s ESPN and winning the grand championship at the finals, as well as congratulating the Clinton County Bulldogs baseball team for winning its first ever All “A” 4th Region Championship.

During second reading of an ordinance relating to Duties of Animal Owners and Providing for the Control of Animals Running at Large, the issue hit a snag and wound up being tabled to a later time.

Councilwoman Tonya Thrasher made a motion to approve second reading of the ordinance, then back and forth discussion and questions ensued, leading up to the matter being tabled until some wording and clarifications in the document are made.

Councilwoman Sarah Browning first brought up the question of who was going to police the new ordinance and where animals picked up would be held until they were taken to the animal shelter.

City legal advisor Norb Sohm said the primary purpose of the ordinance pertained to stray animals running the streets unleashed and said anyone wishing to claim an animal could go to the shelter and identify it to claim it back.

Thrasher said, for example, if there were animals running loose on others’ property, the owner should put a collar on that animal and animal control should be called.

Albany Police Officer Chris Shelton said he had been called in an instance where a dog had bitten someone, and later councilman Joe Stockton said he felt police officers cannot handle vicious dogs.

Browning said that one section of the proposed ordinance, as approved on first reading, needed to be rewritten, later adding there needed to be clarification and the ordinance needed “tweaking,” which Sohm said the council could do if they felt it necessary.

Some council members also felt that if animals, including poultry, were on someone’s property doing damage, it should be left up to that property owner as to what to do.

Following the discussion, the issue on the second reading was tabled.

David Bowles of Monarch Engineers gave the council a brief update on the ongoing water project in the Duvall Valley/Bald Rock area, saying most easements had been obtained and things were going on schedule.

The engineer also commended a property owner in that area, James Dowell, who had agreed to sign the easement allowing work to be done on his property in exchange for a pump station site, saying Dowell was behind the project and wanted to see everyone in the area have water.

The council then, on a motion by Thrasher, voted unanimously to approve a resolution seeking DLG (Department of Local Government) funding under the Covid Utility Assistance Project and authorizing the mayor to sign any necessary documents pertaining to the project.

Fara Popplewell with the Lake Cumberland Area Development District (LCADD) noted the city would be eligible for approximately $87,000 through the utility grant project.

On a motion by councilman Reed Sloan, they, approved the annual Municipal Road Aid Cooperative Agreement. The city will receive $41,291.02 for the fiscal year 2021-22, which begins July 1.

Mayor Pierce then reminded the council and the rest of those on hand of the Murl Conner Memorial Highway dedication that will be held on Wednesday, June 2, at 10 a.m. at the South Kentucky RECC building on Snow Road.

A portion of highway along the bypass will be named in honor of the local World War II Medal of Honor recipient.

Councilwoman Thrasher then brought up the issue about a possible ordinance related to businesses that do not clean up their property. “We need to be in the process of getting businesses cleaned up,” she said.

Attorney Sohm again said that two notifications can be sent to the property owners and if they do not clean up the property, the city could do the work and send the bill to the owner.

If the bill is not paid, a lien could be placed on the property and could not be sold until the bill is paid. He added there are three such notifications pending.

Councilman Stockton said if the city was going to make one business clean up their property, they should make them all do it.

The mayor suggested adding a $50 per day fine on the property owner in the event they do not adhere to the notification.

Thrasher also questioned the feasibility of possibly letting residents pay a flat rate a couple of times a year to trash haulers to have unwanted junk items removed.

Councilman Gene Ferrill suggested the council may work with the county (fiscal court) on some type of program as Thrasher suggested, since the county controls and issues solid waste hauler franchises.

Browning also raised the question about outdoor burning and if there were any laws regulating how far away from someone’s property one has to be before burning something near their property or homes.

Officer Shelton did a quick check on that portion of the issue during the meeting, saying the law says it has to be 150 feet away from a building or home, but added it was only stated during fire seasons, which runs from mid-February through April 1 and again from October 30 through mid-December.

Mayor Pierce then announced that former Albany Police Chief Chris Neal had resigned due to health issues and recommended hiring veteran officer Mark Bell to replace Neal as Albany Police Chief.

A motion to hire Bell in that position was made by councilman Ferrill, seconded by councilman Stockton, and passed by unanimous vote.

(A separate article on the new APD Chief can be found elsewhere in this week’s Clinton County News.)

Councilman Steve Lawson then asked about some street lights being out near the new fire station. The mayor said several street lights were out in different areas of the city and RECC would be contacted. It was also suggested the police department write down the street light locations that are out to be turned into the electric company.

The issue of some troublesome parking areas were briefly discussed.

Officer Bell noted the areas on East Cumberland Street from the stop light to Spring Street and the congestion between the Cornerstone Restaurant and former Ferguson Brothers and McWhorter buildings.

Thrasher said she felt the area between Cornerstone and the Ferguson building may have been only for parking and not actually a city street, while others felt it is a part of East Wood Street.

No action on the street or parking issue was taken.

Prior to adjourning, Browning thanked the teachers and staff at the schools, as last week was Teacher and Staff Appreciation Week.

The next regular meeting of Albany City Council is scheduled for Tuesday, June 1, at 5 p.m. at City Hall and is open to the public.